Supreme Court of Canada: Answers to Basic Questions about Supreme Court of Canada

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PROVIDED ABOVE IS A PICTURE OF CHIEF JUSTICE OF CANADA - Beverley McLachlin (center) AND EIGHT 'PUISNE' (french for "YOUNGER") JUDGES.

Supreme Court of Canada is the highest court in Canada; it hears appeals of decisions made in lower courts and interprets the country's laws and constitution.

Lady Justice Statue; Follow this link to view years of documentation, revealing evidence, of what conduct the Judiciary and Law Society of New Brunswick continue to misrepresent as symbolizing fair and equal administration of the law, without corruption, avarice, prejudice, or favor.

Representations of the Lady of Justice in the Western tradition occur in many places and at many times. She sometimes wears a blindfold, more so in Europe, but more often she appears without one. She usually carries a sword and scales. Almost always draped in flowing robes, mature but not old, no longer commonly known as Themis, she symbolizes the fair and equal administration of the law, without corruption, avarice, prejudice, or favor.

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2013 New Year's Resolution:
To however, cause the Judiciary of New Brunswick to uphold the Canadian Charter of Rights and Freedoms.
Reason being, that, the Charter is applicable in New Brunswick, just as all provinces are bound by the Constitution.
Despite the Canadian Charter of Rights and Freedoms was adopted in 1982, it was not until 1985, that, the main provisions regarding equality rights (section 15) came into effect. The delay was meant to give the federal and provincial governments an opportunity to review per-existing statutes and strike potentially unconstitutional inequalities.

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Tuesday, January 01, 2013

Answers to Basic Questions about Supreme Court of Canada

What is an application for leave to appeal?

In order to appeal a decision of a Court of Appeal to the “Supreme Court of Canada”, you must, in any civil case and most criminal cases, ask the Supreme Court of Canada for leave (permission) to do so.
This means that you (the “applicant”) must successfully apply to the Supreme Court of Canada for 'Leave to Appeal' before the appeal itself can be heard. An application for 'Leave to Appeal' is a document by which you request 'Leave'. It must be Filed “filed” with the Registrar and “served” on all other parties.

Below is a link to an example of a filed 'Notice of Application for Leave to Appeal' to the Supreme Court of Canada (FORM 25A) Dated November 28, 2011 file number 34642

http://www.scribd.com/doc/118377532/34642-November-28-2011-Notice-of-Application-for-Leave-to-Appeal-to-the-Supreme-Court-of-Canada-FORM-25A

What are the criteria for granting leave to appeal?

The Supreme Court Act states that an application for leave to appeal may be granted if the Supreme Court of Canada finds that the case

raises an issue of public importance and
should be decided by the Supreme Court of Canada.

The case must raise an issue that goes beyond the immediate interests of the parties to the case.

Who decides an application for leave to appeal?

Applications for leave to appeal are usually decided by a panel of three “judges” of the Supreme Court of Canada.

How many 'Applications for Leave to Appeal' are granted?

As many as 1000 'Applications for Leave to Appeal' are filed with the Supreme Court of Canada each year however the Supreme Court of Canada has a policy, that, each year they will not hear more than 80 eighty of the subject 'Applications for Leave to Appeal', furthermore they prefer to not hear more than sixty' Applications for Leave to Appeal' regardless of the validity.

Can I go to the Supreme Court of Canada without a lawyer?

Yes. You have the right to represent yourself in the Supreme Court of Canada. You do not, however, have the right to act for another one. Therefore, if you are applying for 'Leave to Appeal' together with other individuals named as applicants, each of those individuals must sign a 'Notice of Application for Leave to Appeal'.

According to Rule 15(3), you may represent a corporation only if

you were permitted to do so in the court of appeal, or
you are permitted to do so by a judge of the Supreme Court of Canada. To obtain permission from a judge of the Supreme Court of Canada, you must file a “motion” with the Registrar.

Although you may represent yourself in the Supreme Court of Canada, it would be a good idea to study well in advance, as the procedure is complicated.